Are you eligible to claim?

If you are injured in a public or private place you may be able to sue the occupier for your injury and loss.

This is generally referred to as a public liability or occupier’s liability claim, and as an example may include slipping over at a shopping centre or having a product fall on you at a shop.

In most instances negotiations will occur with the occupier’s public liability insurer, and you will need to show that it was the occupier’s negligence which caused your injury. As a rule, public liability claims are disputed by the insurer from the outset which means that you will have to pay for your own treatment. 
 

What am I entitled to claim?

Depending on the circumstances of your case you may be eligible to claim:

• General damages which compensate for your pain and suffering, loss of enjoyment of life and loss of amenities.

• Economic loss including past and future loss of income and superannuation. You may be back at work, but there is still the potential to claim for loss of earning capacity or loss of opportunity in the circumstance where your injury impacts your ability to obtain a promotion, do overtime or obtain employment in a higher paid job. If you have suffered a psychological or psychiatric injury as a result of the accident, this condtion also compensable.

• Past and future medical treatment costs.

• Gratuitous services or voluntary assistance for the support that family and friends have provided to you due to your accident injuries. For example, helping with self-care, bathing, cooking dinners, washing clothes and other domestic duties.  

• Past and future travelling expenses for travel to and from treatment providers.